AB75: Bill Text

AB75,1170,17 (b) To obtain a license under par. (a), a person shall submit an application on a form provided by the department. The application shall include all of the following:

AB75,1170,19 1. The applicant's correct legal name and business address, and any trade name under which the applicant proposes to operate the liquefied petroleum gas meter.

AB75,1170,22 2. A description of the liquefied petroleum gas meter, including the serial number or other identifying marks that appear on the meter, and if applicable, the vehicle on which the meter is mounted.

AB75,1170,23 3. The fees and surcharges required under par. (c).

AB75,1170,25 4. Other relevant information reasonably required by the department for licensing purposes.

AB75,1171,1 (c) An application under par. (b) shall include the following fees and surcharges:

AB75,1171,2 1. A license fee established by department rule.

AB75,1171,8 2. A surcharge established by department rule, if the department determines that, within one year prior to submitting the application, the applicant operated the liquefied petroleum gas meter without a license required under par. (a). The department may not issue a license under this subsection to an operator if the operator has failed to pay a surcharge under this subdivision assessed against the operator.

AB75,1171,13 3. A surcharge established by the department by rule if the department determines that, within one year prior to submitting the application, the applicant failed to comply with a test reporting requirement under sub. (8). The department may not issue a license under this subsection to an operator if the operator has failed to pay a surcharge under this subdivision assessed against the operator.

AB75,1171,14 4. Reinspection fees, if any, required under s. 98.255.

AB75,1171,17 (d) Payment of a surcharge under par. (c) 2. or 3. does not relieve the applicant of any other civil or criminal liability for a law violation, but is not evidence of a violation of this section.

AB75,1171,20 (e) Paragraph (a) does not apply to an individual who operates a liquefied petroleum gas meter only as an employee of a person who is required to hold a license under par. (a) to operate that meter.

AB75, s. 2061 Section 2061. 98.245 (8) of the statutes is created to read:

AB75,1172,2 98.245 (8) Testing and reporting. A person that is required to hold a license under sub. (7m) to operate a liquefied petroleum gas meter shall have the meter tested for accuracy, at least annually, by a person who is licensed under s. 98.18 (1) to perform the test. The meter operator, or the tester on behalf of the meter operator, shall report the results of each test to the department within 30 days after the testing is completed. The operator shall retain a record of each test for at least 3 years.

AB75, s. 2062 Section 2062. 98.245 (9) of the statutes is created to read:

AB75,1172,5 98.245 (9) Rules. (a) The department shall promulgate rules that establish all of the following:

AB75,1172,6 1. License fee and surcharge amounts under sub. (7m) (c).

AB75,1172,8 2. Standards for the testing, reporting, and record keeping required under sub. (8).

AB75,1172,10 (b) The department may promulgate rules that establish standards for the construction, operation, and maintenance of liquefied petroleum gas meters.

AB75, s. 2063 Section 2063. 98.25 (title) of the statutes is renumbered 98.16 (3m) (title) and amended to read:

AB75,1172,13 98.16 (3m) (title) Vehicle scales: annual Annual testing.

AB75, s. 2064 Section 2064. 98.25 (1) of the statutes is renumbered 98.16 (3m) (a) and amended to read:

AB75,1172,23 98.16 (3m) (a) The owner or operator of a scale with a weighing capacity of 5,000 pounds or more used for the commercial weighing of commodities shall cause the scales to be tested and inspected at least annually for accuracy by an independent scale testing or service company in accordance with specifications, tolerances, standards and procedures established by the national institute of standards and technology and the department for the testing and examination of scales, using test weights approved by the department. The annual tests and inspections shall be at the expense of the owner or operator a person licensed under s. 98.18 (1).

AB75, s. 2065 Section 2065. 98.25 (2) of the statutes is renumbered 98.16 (3m) (b) (intro.) and amended to read:

AB75,1173,7 98.16 (3m) (b) (intro.) A scale testing or service company person conducting a test under sub. (1) par. (a) shall , at the time of testing and inspection, promptly furnish to the owner or operator of the scale a report showing the results of the test and inspection with an additional copy for the department. The owner and operator of a scale which is found to be inaccurate at the time of testing shall immediately withdraw the scale from further use until necessary corrections, adjustments or repairs are made and do all of the following:

AB75,1173,15 (d) If a test under this subsection shows that a vehicle scale is inaccurate, the scale may not be used until the inaccuracy is corrected and the scale is determined to be accurate by the scale testing or service company. A copy of the report prepared by the scale testing or service company shall be filed with the department by the owner or operator of the scale within 15 days after the test and inspection has been completed. The department shall maintain a list open for public inspection of all scales tested and found to be accurate on the annual test a subsequent test under this subsection.

AB75, s. 2066 Section 2066. 98.25 (3) of the statutes is renumbered 98.16 (3m) (e) and amended to read:

AB75,1173,20 98.16 (3m) (e) No person may falsify a test or determination of the accuracy of a vehicle scale tested under sub. (1) or file with the department a false report of a test of a vehicle scale under sub. (1), test result, or test report under this subsection.

AB75, s. 2067 Section 2067. 98.25 (4) of the statutes is renumbered 98.16 (3m) (f).

AB75, s. 2068 Section 2068. 98.255 of the statutes is created to read:

AB75,1174,2 98.255 Reinspection; fee. (1) If the department reinspects a weight or measure because the department has found a violation of this chapter or a rule promulgated under this chapter, the department may charge the operator of the weight or measure a reinspection fee.

AB75,1174,6 (2) The department shall establish the amount of the reinspection fee under sub. (1) by rule and may establish different reinspection fees for different types of weights and measures. The amount of a reinspection fee for a weight or measure may not exceed the department's average cost to reinspect that type of weight or measure.

AB75,1174,10 (3) A reinspection fee under sub. (1) is payable after the reinspection is completed and is due upon written demand from the department. The department may issue a demand for payment when it issues an annual license application form to the operator of the weighing or measuring device.

AB75, s. 2069 Section 2069. 100.20 (1n) of the statutes is amended to read:

AB75,1174,14 100.20 (1n) It is an unfair method of competition or an unfair trade practice for any person to sell cigarettes to consumers in this state in violation of s. 139.345 or to sell tobacco products to consumers in this state in violation of s. 139.795.

AB75, s. 2070 Section 2070. 100.30 (2) (c) 1. b. of the statutes is amended to read:

AB75,1174,25 100.30 (2) (c) 1. b. For every person holding a permit as a bonded direct marketer as defined in s. 139.30 (1d), as a distributor as defined in s. 139.30 (3), or as a multiple retailer as defined in s. 139.30 (8), with respect to that portion of the person's business which involves the purchase and sale of cigarettes "cost to wholesaler" means the cost charged by the cigarette manufacturer, disregarding any manufacturer's discount or any discount under s. 139.32 (5), plus the amount of tax imposed under s. 139.31. Except for a sale at wholesale between wholesalers, a markup to cover a proportionate part of the cost of doing business shall be added to the cost to wholesaler. In the absence of proof of a lesser cost, this markup shall be 3% of the cost to wholesaler as set forth in this subd. 1. b.

AB75, s. 2071 Section 2071. 100.30 (2) (L) (intro.) of the statutes is amended to read:

AB75,1175,5 100.30 (2) (L) (intro.) "Wholesaler" includes every person holding a permit as a bonded direct marketer as defined in s. 139.30 (1d) or as a multiple retailer under s. 139.30 (8) and every person engaged in the business of making sales at wholesale, other than sales of motor vehicle fuel at wholesale, within this state except as follows:

AB75, s. 2072 Section 2072. 100.30 (2) (L) 2. of the statutes is amended to read:

AB75,1175,11 100.30 (2) (L) 2. In the case of a person holding a permit as a bonded direct marketer as defined in s. 139.30 (1d) or as a multiple retailer as defined in s. 139.30 (8), "wholesaler" applies to that portion of the person's business involving the purchase and sale of cigarettes and to any wholesale portion of that person's business.

AB75, s. 2073 Section 2073. 100.45 (1) (dm) of the statutes is amended to read:

AB75,1175,21 100.45 (1) (dm) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, and the Fox River Navigational System Authority.

AB75, s. 2074 Section 2074. 100.51 (5) (b) 1. of the statutes is amended to read:

AB75,1176,2 100.51 (5) (b) 1. The motor vehicle displays a special registration plates plate issued under s. 341.14 (1), (1a), (1m), (1q) or (1r) (a) or a special identification card issued under s. 343.51 or is a motor vehicle registered in another jurisdiction and displays a registration plate, card or emblem issued by the other jurisdiction that designates that the vehicle is used by a physically disabled person.

AB75, s. 2075 Section 2075. 101.055 (8) (cm) of the statutes is created to read:

AB75,1176,10 101.055 (8) (cm) If the division of equal rights finds no probable cause to believe that a violation of par. (ar) has occurred, the division shall dismiss the complaint. If the division of equal rights dismisses the complaint, the order of dismissal is the final determination of the division, which may be appealed under par. (d). The division of equal rights shall, by a notice to be served with the determination, notify the parties of the complainant's right to appeal the dismissal of the complaint to the circuit court under par. (d).

AB75, s. 2076 Section 2076. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ae).

AB75, s. 2077 Section 2077. 101.123 (1) (ab) of the statutes is created to read:

AB75,1176,15 101.123 (1) (ab) "Assisted living facility" means a community-based residential facility, as defined in s. 50.01 (1g), a residential care apartment complex, as defined in s. 50.01 (1d), or an adult family home, as defined in s. 50.01 (1) (b).

AB75, s. 2078 Section 2078. 101.123 (1) (ac) of the statutes is created to read:

AB75,1176,17 101.123 (1) (ac) "Correctional facility" means any of the following:

AB75,1176,21 1. A state prison, as defined or named in s. 302.01, except a correctional institution under s. 301.046 (1) or 301.048 (4) (b) if the institution is the prisoner's place of residence and no one is employed there to ensure the prisoner's incarceration.

AB75,1177,2 2. A juvenile detention facility, as defined in s. 938.02 (10r), or a juvenile correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility is a private residence in which the juvenile is placed and no one is employed there to ensure that the juvenile remains in custody.

AB75,1177,5 3. A jail, as defined in s. 165.85 (2) (bg), a Huber facility under s. 303.09, a work camp under s. 303.10, a reforestation camp under s. 303.07, or a lockup facility under s. 302.30.

AB75, s. 2079 Section 2079. 101.123 (1) (aj) of the statutes is created to read:

AB75,1177,9 101.123 (1) (aj) Notwithstanding s. 101.01 (5), "employment" means any trade, occupation, or process of manufacture or any method of carrying on such trade, occupation, or process of manufacture in which any person may be engaged.

AB75, s. 2080 Section 2080. 101.123 (1) (ak) of the statutes is created to read:

AB75,1177,12 101.123 (1) (ak) "Enclosed place" means a structure or area that has all of the following:

AB75,1177,13 1. A roof or overhead covering.

AB75,1177,15 2. Two or more substantial walls, regardless of whether the walls are removed and replaced on a temporary basis.

AB75, s. 2081 Section 2081. 101.123 (1) (am) of the statutes is repealed.

AB75, s. 2082 Section 2082. 101.123 (1) (ar) of the statutes is amended to read:

AB75,1177,22 101.123 (1) (ar) "Immediate vicinity of the state capitol" means the area directly adjacent to the state capitol building, as determined by rule of the department of administration. "Immediate vicinity of the state capitol" does not include any location that is more than one fathom six feet from the state capitol building.

AB75, s. 2083 Section 2083. 101.123 (1) (b) of the statutes is amended to read:

AB75,1178,3 101.123 (1) (b) "Inpatient health care facility" means a hospital, as defined in s. 50.33 (2), a county home established under s. 49.70, a county infirmary established under s. 49.72 or a community-based residential facility or, a nursing home licensed under s. 50.03, as defined in s. 50.01 (3), a hospice, as defined in s. 50.90 (1), a Wisconsin veteran's home under s. 45.50, or a treatment facility.

AB75, s. 2084 Section 2084. 101.123 (1) (bg) of the statutes is repealed.

AB75, s. 2085 Section 2085. 101.123 (1) (bm) of the statutes is repealed.

AB75, s. 2086 Section 2086. 101.123 (1) (bn) of the statutes is created to read:

AB75,1178,7 101.123 (1) (bn) "Lodging establishment" means any of the following:

AB75,1178,8 1. A bed and breakfast establishment, as defined in s. 254.61 (1).

AB75,1178,9 2. A hotel, as defined in s. 254.61 (3).

AB75,1178,10 3. A tourist rooming house, as defined in s. 254.61 (6).

AB75, s. 2087 Section 2087. 101.123 (1) (br) of the statutes is repealed.

AB75, s. 2088 Section 2088. 101.123 (1) (c) of the statutes is repealed.

AB75, s. 2089 Section 2089. 101.123 (1) (d) of the statutes is amended to read:

AB75,1178,17 101.123 (1) (d) "Person in charge" means the person , or his or her agent, who ultimately controls, governs or directs the activities aboard a public conveyance or within a place at a location where smoking is prohibited or regulated under this section, regardless of the person's status as owner or lessee.

AB75, s. 2090 Section 2090. 101.123 (1) (dg) of the statutes is repealed.

AB75, s. 2091 Section 2091. 101.123 (1) (dj) of the statutes is created to read:

AB75,1178,24 101.123 (1) (dj) Notwithstanding s. 101.01 (11), "place of employment" means any enclosed place that employees normally frequent during the course of employment, including an office, a work area, an elevator, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a lobby, a common area, a vehicle, or an employee cafeteria.

AB75, s. 2092 Section 2092. 101.123 (1) (dm) of the statutes is renumbered 77.51 (11m).

AB75, s. 2093 Section 2093. 101.123 (1) (dn) of the statutes is created to read:

AB75,1179,4 101.123 (1) (dn) "Private club" means a facility used by an organization that limits its membership and is organized for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose.

AB75, s. 2094 Section 2094. 101.123 (1) (e) of the statutes is amended to read:

AB75,1179,10 101.123 (1) (e) "Public conveyance" means a mass transit vehicles vehicle as defined by in s. 340.01 (28m) and, a school buses bus as defined by in s. 340.01 (56), or any other device by which persons are transported, for hire, on a highway or by rail, water, air, or guidewire within this state, but does not include such a device while providing transportation in interstate commerce.

AB75, s. 2095 Section 2095. 101.123 (1) (eg) of the statutes is created to read:

AB75,1179,14 101.123 (1) (eg) "Public place" means any enclosed place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited.

AB75, s. 2096 Section 2096. 101.123 (1) (f) of the statutes is amended to read:

AB75,1179,17 101.123 (1) (f) "Restaurant" means an establishment as defined in s. 254.61 (5) with a seating capacity of more than 50 persons.